Napier v. Swarthout

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 6/1/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 6/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RODNEY NAPIER, C-30460,
Petitioner,

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vs.
GARY SWARTHOUT, Warden,
Respondent.

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No. C 12-2493 CRB (PR)
ORDER OF TRANSFER

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Petitioner seeks federal habeas review of the execution of a sentence imposed by

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Solano County Superior Court, which lies in the Eastern District of California. See 28

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U.S.C. § 84(b). Petitioner is incarcerated at California State Prison, Solano, which also

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lies in the Eastern District of California. See id.

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Venue is proper in a habeas action in either the district of conviction or the

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district of confinement, id. § 2241(d); however, the district of confinement is the

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preferable forum to review the execution of a sentence. See Habeas L.R. 2254-3(a);

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Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).

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Because Solano County lies in the Eastern District of California, the court orders

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that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the

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interest of justice, this petition be transferred to the United States District Court for the

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Eastern District of California.

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The clerk shall transfer this matter and terminate all pending motions as moot.

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SO ORDERED.

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DATED:

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June 1, 2012
CHARLES R. BREYER
United States District Judge

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